believe that it would count against a theory of justice if that theory were
to hold that their income were simply to be made available against their
will for the satisfying of other people's needs. These two judgments
may not directly contradict one another, but they are in tension, and the
task of a theory of justice is to reconcile whatever is important in one
with whatever is important in the other, in the context of their application to
thousands or millions of individuals in a society or in the world. If this
is true, then we should not expect either judgment to survive its
consideration in a theory of justice in an unmodified form. Our
considered judgments are like inputs into the theory, but the outputs may
look somewhat different. Of course that is not inevitable; maybe one or
another judgment will emerge largely intact. But a theory of justice
offers no guarantees in this regard, and this may be important for how
we think about socioeconomic rights. Inasmuch as the case for them is
largely intuitive or based simply on the fact that they embody one set of
strong convictions that we hold, then we have to be open to the
possibility that they will not survive in the form that a simple rights
slogan expresses when they emerge from serious consideration under the
auspices of a theory of justice.
Also, a theory of justice may sometimes be radical or quite revisionary
as far as our considered judgments are concerned. People sometimes
approach the topic of justice with a pretheoretical conviction that
individuals deserve certain things-for example, that hard-working and
prudent people deserve the wealth that they have created on the basis of
the moral merit evinced in their abstemious industriousness. (This too is
sometimes put forward as being in tension with the "intuitions"
embodied in claims about socioeconomic rights.) But in A Theory of
Justice, John Rawls criticizes such claims. He does not just strike a
different balance between the claims of need and the claims of desert; he
argues that the latter claims are mostly misconceived. 21 He may or may
not be right about that. The point is that a theory of justice cannot
promise immunity in advance against such revision to any set of
intuitions.22
The role of considered judgments and precepts helps us understand the
complexity of the relation between rights and justice. On the one hand,
our convictions about rights often present themselves to us as obvious,
in a way that does not require much philosophical elaboration: "We hold
21.
22.
JUSTICE
income).
782
See RAWLS, supra note 4, at 88-89.
See LIAM MURPHY & THOMAS NAGEL, THE MYTH OF OWNERSHIP: TAXES AND
173 (2002) (arguing that individuals are not really morally entitled to pretax